If you don’t want to get vaccinated in America, it will be much more difficult in an increasing number of places. For example, all federal government officials will be required to take a vaccine. It matters to millions of people. Biden announced tonight that those who refuse should be tested more often, continue to wear masks and stay a distance. In extreme cases, it can lead to the dismissal of some officials who work with vulnerable people.
The business community is also choosing more at the door: Google and Facebook only want to let vaccinated people into the workplace. Netflix is making vaccinations mandatory for all actors and staff at US studios. The number of US universities requesting proof of a vaccine is now 400.
The body cannot be touched
Unlike America, France and Italy, Dutch employees cannot be forced to take a vaccine, explains labor law researcher Rachel Rietveld of the University of Amsterdam. “This would be a violation of Article 11 of our Constitution: the right to inviolability of the body. In principle, this takes precedence over everything else.”
AVG, the General Data Protection Regulation, is also important. “This applies to everyone. It follows that your employer is not allowed to request your health data. For example, you do not have to answer questions about your complaint if you come into contact with the disease. You have the right to privacy. So you do not have to answer. You may The company doctor knows this, but he is not allowed to do anything with the information.”
not just fired
Rietveld says there are always exceptions to be made. “That’s the beauty and often the tricky thing about the law. For example, you have a legal article about a good employee and the employer. This can always come in handy in specific cases. Let’s say you work as a health care employee in IC and you don’t want to have a vaccine. ., the hospital may ask you to work in another department. The argument is that critically ill patients must be protected. Broad interest perhaps outweighs individual rights.”
And Rietveld stresses that this should not only lead to dismissal, but apply only in extreme cases. “This healthy argument does not apply to a factory where employees work on an assembly line. The employer can often take less drastic measures, such as putting on mudguards.”
FNV, the largest employee organisation, says the debate here in the Netherlands has yet to happen. “But our position is clear: the obligation to vaccinate is a violation of a fundamental right, and therefore should not be imposed by government and employers,” a spokesperson said.
High vaccination readiness
This was also confirmed by the VNO-NCW employers’ organization. “At the moment, this discussion hardly or not at all takes place among our members. Unlike the United States, we have a high willingness to vaccinate in the Netherlands (90 per cent) and current Dutch law does not allow it.”
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